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ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts the R & R in part. The Court declines to adopt the portion of the R & R addressing prejudice as to Petitioner's second ground for relief (Dkt. No. 38 at 33-34) . The Court adopts all other portions of the R & R. The Court GRANTS Respondent's Motion for Summary Judgment (Dkt. No. 25 ) and dismisses the habeas petition with prejudice. Signed by Magistrate Judge Kaymani D West on 7/31/2014. (mcot, )

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